Assessment of Intellectual Property Rights Disputes

Assessment of intellectual property rights was stipulated in Article 201 of the IP Law 2005 (amended in 2009). It was defined that assessment organizations used their knowledge and expertise to assess and conclude on the issues related to intellectual property rights. In fact, intellectual property litigation requires an insight of experienced professionals who understand intellectual property management and a practical application of traditional and emerging financial theories. The task of the competent authorities (including the courts) in the determination of infringement is the assessment of the scope of protection defined by the IP objects and whether the alleged infringement falls within that assessed scope. Due to a lack of IP expertise, the authorities in practice have almost based on the results of assessment from professional assessment organizations as legal grounds to make their own decisions.

Who assess intellectual property objects?

Assessment in Industrial property: Currently, only Vietnam Intellectual Property Research Institute (“VIPRI”) has function to assess industrial property objects, including inventions/utility solutions, industrial designs, semiconductor integrated circuit layout design, trademarks, trade name and geographical indication. Since the VIPRI has not assessed unfair competition acts, in many cases, the authorities have obtained a professional opinion from the National Office of Intellectual Property.

Assessment in Copyrights and related rights: The Ministry of Culture, Sports and Tourism issued Circular No. 15/2012/TT-BVHTTDL in December 13, 2012 to guide assessment activities on copyrights and related rights. However, at this point, there were not any organizations being established for assessment of copyrights and this has caused much difficulties in enforcing the copyrights and related rights.

_____________________________________________________________________________

Pham & Associates is an intellectual property law firm in Vietnam. We provide counsel and representation in every area of patents, trademarks, copyrights, enforcement of intellectual property rights as well as their representation in arbitration and litigation proceedings etc.

For further information about our organization and services, please visit our website: www.pham.com.vn